Non-putrescible solid wastes consisting of waste materials
from dwelling units, commercial, industrial, institutional, or agricultural
establishments which are either too large or too heavy to be safely
and conveniently loaded in solid waste transportation vehicles by
solid waste collectors, with the equipment available therefor.

Garbage, refuse and other discarded materials including,
but not limited to, solid and semisolid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.

The
occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the City, shall provide sufficient
and adequate containers for the storage of all solid waste except
bulky rubbish and demolition and construction waste to serve each
such dwelling unit and/or establishment; and to maintain such solid
waste containers at all times in good repair.

The
occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.

All
single-family, two-family and attached single-family residential dwelling
units shall be served by the City's trash service. Residential solid
waste for collection by the City shall be stored in containers of
not more than ninety-six (96) gallons supplied by the City. The City
reserves the right to specify other storage methods. The City shall
not collect solid waste from any containers other than those supplied
by the City. All containers shall be leak-proof, water-proof and fitted
with a fly-tight lid and shall be properly covered at all times except
when depositing waste therein or removing the contents thereof.

Commercial solid waste shall be stored in solid waste containers as approved by the Director. The containers shall be water-proof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by Section 245.050.

Tree
limbs less than four (4) inches in diameter and brush shall be securely
tied in bundles not larger than forty-eight (48) inches long and eighteen
(18) inches in diameter when not placed in storage containers. The
weight of any individual bundle shall not exceed seventy-five (75)
pounds.

Yard
wastes shall be stored in containers or biodegradable paper bags so
constructed and maintained so as to prevent the dispersal of wastes
placed therein upon the premises served, upon adjacent premises or
upon adjacent rights-of-way. The weight of any individual container
and contents shall not exceed sixty (60) pounds.

The
City shall provide for the collection of all solid waste in the City,
provided however, that the City may provide the collection service
by contracting with a person, County, or other City or a combination
thereof, for the entire City or portions thereof, as deemed to be
in the best interests of the City. The City may, at its discretion,
provide commercial solid waste collection services upon specific application
of the owners or persons in charge thereof. However, in the event
that such application is not made or approved, it shall be the duty
of such establishment to provide for collection of all solid waste
produced upon any such premises in a manner approved by the City.

All
solid waste from premises to which collection services are provided
by the City shall be collected, except bulky rubbish as defined herein,
provided however, that bulky rubbish will be collected if tied securely
in bundles not exceeding reasonable limitations of weight and bulk
to be fixed by regulations to be made and promulgated by the Director
as hereinafter provided. All solid waste collected shall, upon being
loaded into transportation equipment, become the property of the collection
agency.

Tree limbs and yard wastes, as described in Section 245.020(E, F) shall be placed at the curb or alley for collection. Solid waste containers as required by this Chapter for the storage of other residential solid waste shall be placed at the curb or alley as near as possible to driveway for collection. Any solid waste containers, tree limbs, yard wastes, or other solid waste permitted by this Chapter to be placed at the curb or alley for collection shall not be so placed until the regularly scheduled collection day.

Solid
waste collectors, employed by the City or a solid waste collection
agency operating under contract with the City, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Chapter. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.

Residential
solid waste containers shall be stored upon the residential premises.
Commercial solid waste containers shall be stored upon private property,
unless the owner shall have been granted written permission from the
City to use public property for such purposes. The storage site shall
be well drained, fully accessible to collection equipment, public
health personnel and fire inspection personnel.

Solid waste collectors, employed by the City or a solid waste collection agency operating under contract with the City, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste stored is in compliance with Section 245.020 of this Chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.

All
transportation vehicles shall be maintained in a safe, clean and sanitary
condition, and shall be so constructed, maintained and operated as
to prevent spillage of solid waste therefrom. All vehicles to be used
for transportation of solid waste shall be constructed with water-tight
bodies and with covers which shall be an integral part of the vehicle
and shall be secured whenever the vehicle is transporting solid waste,
or, as an alternate, the entire bodies thereof shall be enclosed,
with only loading hoppers exposed. No solid waste shall be transported
in the loading hoppers.

Permits
shall not be required for the removal, hauling or disposal of earth
and rock material from grading or excavation activities, however,
all such material shall be conveyed in tight vehicles, trucks or receptacles,
so constructed and maintained that none of the material being transported
shall spill upon the public rights-of-way.

Non-City of O'Fallon, Missouri waste haulers are hereby prohibited from collection bulky rubbish, demolition and construction waste, garbage, refuse, solid waste, yard wastes and white goods, (as those terms are defined in Section 245.010 of the Code of the City of O'Fallon, Missouri) in the City of O'Fallon, Missouri except between the following hours:

The
City Collector or City Official who is responsible for preparing utility
and other service charge billings for the City, is hereby authorized
to make and promulgate reasonable and necessary rules and regulations
for the billing and collection of solid waste collection and/or disposal
service charges, as hereinafter provided for.

Deposit solid waste in any solid waste container other than his/her
own, without the written consent of the owner of such container and/or,
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;

Interfere in any manner with solid waste collection and transportation
equipment, or with solid waste collectors in the lawful performance
of their duties as such, whether such equipment or collectors shall
be those of the City, or those of a solid waste collection agency
operating under contract with the City;

Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the City without
a permit from the City, or operate under an expired permit, or operate
after a permit has been suspended or revoked.

There is hereby imposed, for the collection and disposal of solid
waste and for the improvement of the general public health and environment,
a service charge for each dwelling unit and to which such service
shall be provided under the provisions of this Chapter as follows:

[Ord. No. 6162 §1, 12-10-2015]

Service

Monthly Rate

Basic service for resident

$11.48

Basic service for non-resident

$22.96

Extra service for resident

$16.48 (64 gal. cart)

$19.48 (96 gal. cart)

Extra service for non-resident

$27.96 (64 gal. cart)

$30.96 (96 gal. cart)

Basic service with yard waste service resident

$17.11

Basic service with yard waste service non-resident

$30.46

Extra service with yard waste service resident

$22.11 (64 gal. cart)

$25.11 (96 gal. cart)

Extra service with yard waste service non-resident

$35.46 (64 gal. cart)

$38.46 (96 gal. cart)

Basic service for HOAs

$11.48

Extra service for HOAs

$16.48 (64 gal. cart)

$19.48 (96 gal. cart)

Bulky rubbish service for resident

$20.00

Bulky rubbish service for non-resident

$30.00

White goods service for resident (appliances)

$20.00

White goods service for non-resident (appliances)

$30.00

Cart exchange (for cleaning only)

$15.00

Home based business

$18.00 per trash cart; $9.00 per recycle cart

Commercial rate with cart service only

$18.00 per trash cart; $9.00 per recycle cart

Definitions. For purposes of the charges set
out above, the following terms shall mean as follows:

BASIC SERVICE WITH YARD WASTE SERVICE — Same as basic
service for recycling and refuse with once weekly collection of yard
waste (March through December). This is billed January through December.

EXTRA SERVICE WITH YARD WASTE SERVICE — Same as basic
service for recycling and refuse with an additional refuse container
(in lieu of twice weekly refuse service) including once weekly collection
of yard waste (March through December). This is billed January through
December.

Service
and service charges may be suspended upon presentation of satisfactory
proof to the Director that the occupant of the dwelling unit being
served has a legal, environmentally compliant means of disposing of
all waste generated on the premises. The burden is on the occupant
to establish documentation and proof that their means of disposal
(including transportation off the premises) is legal and environmentally
compliant. The occupant must recertify with the Director each year
that the unit being served continues to have legal, environmentally
compliant means of disposing of all waste generated on the premises.

The
City may bill for services on a monthly, bi-monthly, quarterly or
other periodic basis, based on the rates set forth above, and may
combine bills for solid waste services with bills for City water and/or
sewer services provided to the same location. If such unified billing
is adopted, the City Administrator shall adopt a policy to establish
the sequence of the services being billed to which partial payments
shall be applied.

The
City Administrator, in coordination with the departments of environmental
services and finance, may adopt administrative procedures to bill,
receive, account for and enforce collection of all charges and may
fix a reasonable time when payments shall be due, assess and collect
reasonable fees, charges for late payment, returned checks, rejected
payments, and other collection measures, including interest thereon
at the rate allowed by law. Service may be discontinued for non-payment
of any fees or charges and restoration of service may be withheld
until all obligations owed to the City are satisfied.

Collection
of solid waste shall be deemed to be furnished to both the occupant
and owner of all dwelling units receiving service, and the occupant
and owner of such establishments shall be severally and jointly liable
to the City for payments of the charges.

The
service and service charge shall be suspended upon presentation of
satisfactory proof to the Director that any such dwelling unit or
establishment is unoccupied and shall be commenced upon renewed occupancy
thereof.

A discount
equivalent to fifteen percent (15%) of the total monthly rate (not
including late fees, penalties, interest, returned check fees, payment
cancellation fees, collection costs, etc.) is available to individual
residential customers (but not HOAs or other customers) upon proof
that he/she is either over the age of sixty-five (65), or a veteran
of the United States Armed Forces with a service-connected disability
of at least twenty-five percent (25%). Proof of age must be in the
form of a driver's license, State identification card, passport, or
other government-issued ID issued by a government within the United
States. A service disability must be verified by the United States
Department of Veterans Affairs.

Customers receiving a bill from the City for basic residential solid
waste collection shall be given the opportunity to designate a voluntary
contribution of one dollar ($1.00), three dollars ($3.00) or five
dollars ($5.00) that shall become the amount due from the customer
and payable as that customer's bill, and the voluntary contribution
will be donated to a not-for-profit organization designated by the
City. The terms for such contribution shall be set forth in an agreement
executed between the City and the designated not-for-profit organization(s)
and kept on file with the City Clerk. The designated not-for-profit
organization(s) may change without notice to the customer.

Any person violating any of the provisions of this Chapter or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be punished as set out in Section 100.010 of this Code.

A maximum combined deposit that may be collected from a utility customer which includes deposits within this Section, Section 245.090(A) and deposits referenced in Chapter 700, Public Utilities, Section 700.200(A), Water and Sewer Security Deposits is a maximum of $150.00.

Security deposits shall be paid prior to the initiation and start
of service, or the City may, at its option, add security deposits
to the customer's trash service bill. Unpaid deposits may result
in service disconnection. Deposits shall be held without interest
and are held to be applied to the final bill and any accumulated fees
or charges until the customer has twenty-four (24) consecutive months
of timely payment.

For purposes of this Section, "timely payment" is no more than
one (1) late payment for assessed fee penalty for late or delayed
payment, no returned check, no rejected payment, no discontinuation
of service, etc.

Security deposits may be transferred and applied to a new location,
at the City's discretion, when a customer relocates within the
City's service area.

Liability Of Owner Of Multi-Unit Establishment. The
owner of any multi-unit establishment containing two (2) or more units
shall be considered the customer and user of trash service furnished
to all units in the establishment and liable for the payment of deposit
and service bills therefore.